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Guidelines For The Consideration of Governing Bodies in Adopting A Code of Conduct For Learners
Guidelines For The Consideration of Governing Bodies in Adopting A Code of Conduct For Learners
G.N. 776 of 1998 published in Government Gazette No. 18900 dated 15 May 1998
SME BENGU
Minister of Education
April 1998
SCHEDULE
GUIDELINES FOR A CODE OF CONDUCT FOR LEARNERS
1. Introduction
1.1 Section 8 of the South African Schools Act provides that a governing body of a public school must adopt a
Code of Conduct. The Code of Conduct must aim at establishing a disciplined and purposeful
environment to facilitate effective education and learning in schools.
1.2 This document sets out guidelines for consideration by governing bodies of public schools in adopting a
Code of Conduct for learners to ensure that there is order and discipline in schools.
1.3 The Code of Conduct must be subject to the Constitution of the Republic of South Africa, 1996, the South
African Schools Act, 1996 and provincial legislation. It must reflect the constitutional democracy, human
rights and transparent communication which underpin South African society.
1.4 The Code of Conduct must inform the learners of the way in which they should conduct themselves at
school in preparation for their conduct and safety in civil society. It must set a standard of moral behaviour
for learners and equip them with the expertise, knowledge and skills they would be expected to evince as
worthy and responsible citizens. It must promote the civic responsibilities of the school and it must
develop leadership. The main focus of the Code of Conduct must be positive discipline; it must not be
punitive and punishment oriented but facilitate constructive learning.
1.5 Each school must develop its own Code of Conduct. In formulating a Code of Conduct as a consensus
document and before adopting it, the governing body must involve the parents, learners, educators, and
non-educators at that school. After the adoption of the Code of Conduct, each stakeholder must receive a
copy thereof. The above stakeholders must also be consulted when the Code of Conduct is reviewed
annually or when any amendments are made.
1.6 The purpose of a code of conduct is to promote positive discipline, self-discipline and exemplary conduct,
as learners learn by observation and experience.
1.7 All key stakeholders should be committed to the Code of Conduct despite its being directed specifically at
learners.
1.8 The Code of Conduct must suit the development of the learners and be appropriate to the different school
levels. The language used must be easily understandable to make the content accessible. The format
should be user-friendly.
1.9 The Code of Conduct must contain a set of moral values, norms and principles which the school
community should uphold. However, the Code of Conduct is only enforceable against learners – no other
person.
1.10 The Code of Conduct should clarify and promote the roles and responsibilities of various stakeholders in
the creation of a proper learning environment in schools.
1.11 The Code of Conduct should contain the components discussed below (paragraphs 2 – 14) which aim at
providing appropriate mechanisms and avenues for stakeholders to air their grievances, and also provide
for legitimate disciplinary measures.
4.7 Education
4.7.1 The Constitution enshrines the right of every one to education and to further education which the
State must make progressively available and accessible;
4.7.2 The South African Schools Act provides that education is compulsory for learners from the year in
which such learners reach the age of 7 years until the last school day of the year in which such
learners turn 15 years or the ninth grade, whichever comes first. It also makes provision for due
process before a learner may be removed or expelled from a school. The right of a learner to
education cannot be taken away when the learner is expelled from school. Therefore, in the case
of expulsion, the Head of Department must find a school place for an expelled learner who is of
school-going age,
4.7.3 In cases of suspension and expulsion, placement in an alternative school setting, e.g.
reassignment to another class, correctional education under supervision after school hours, a
special school for learners with behavioural disorders, etc., are options which could be considered
in conjunction with a school psychologist or a social worker. Suspension with the intent to expel a
learner is part of a process to be decided by the Head of Department. The governing body may
suspend a learner as a punitive measure if due process has been followed.
4.7.4 Education and learning can be successful if the learners are committed to self-development,
education and learning, and the educators are dedicated to education and teaching.
4.7.5 The right to education includes the right to attend all classes, to learn and be taught in all
approved subjects, to be informed regularly about school progress, to make use of all school
facilities, and to have the potential of all learners fully developed.
7. Discipline
7.1 Discipline must be maintained in the school and the classroom to ensure that the education of learners
proceeds without disruptive behaviour and offences. Its goal is to teach and lead learners to self discipline.
7.2 The disciplinary process must be expeditious, fair, just, corrective, consistent and educative. Where
possible the parent should be informed and involved in the correction of the learner’s behaviour. Learners
should be protected from abuse by adults or other learners.
7.3 Restraint is the act of controlling the actions of learners when such actions may inflict harm to others or to
the learner, or violate the rights of other learners or educators. Educators may use reasonable measures
where necessary to prevent a learner from harming him/herself or others.
7.4 The South African Schools Act, 1996, empowers school authorities to discipline learners, but it is beyond
the law to delegate this authority to fellow learners. Learners are partners with other members of the school
and are not in charge of the school.
7.5 Every educator is responsible for discipline at all times at the school and at school related activities.
Educators have full authority and responsibility to correct the behaviour of learners whenever such
correction is necessary at the school. Serious misconduct must be referred to the principal of the school.
However, a mechanism must be created at schools to handle disciplinary problems to reduce the load of
the principal.
7.6 Any corrective measures or disciplinary action must be commensurate with the offence/infraction.
Corrective measures may become more severe with subsequent repeated infractions. Suspension or
expulsion may follow. Learners should not think that they cannot be suspended or expelled simply because
it is their first offence or infraction of a rule or policy, but such decision should be taken by the right
authority.
7.7 In cases where a learner cannot adjust to the school and where his/her behaviour is objectionable in that it
violates the rights of others, he/she will be referred to the principal. Through consultation with his/her
educators, and the site of learning based team in consultation with the parents or guardians every effort
should be made to assist him/her to adjust. This will include referral to the education support services for
treatment. If all these efforts fail, the principal will refer the matter to the governing body, which may make a
decision in the best interest of the learner and the other learners at the school.
8. Punishment
8.1 Punishment is a corrective measure or a penalty inflicted on an offender who has to suffer the
consequences of misconduct in order to maintain the orderly society of the school.
8.2 Corporal punishment shall not be administered.
9. Dispute resolution
Educators as disciplinarians must resolve disciplinary problems which are not serious enough to be referred to the
principal. A liaison mechanism, or objective and impartial adjudicator between learners and educators, should be
set up to resolve disputes. In cases where learners are involved in gangs, the principal should not confront them
but the governing body should set up a negotiation mechanism.
Should a governing body have difficulty to interpret these guidelines they must please contact the Head of
Department of the province in which their school is situated.